Confidential Items Register

From time to time the public may be excluded from Council and Committee Meetings.

Section 90 of the Local Government Act 1999 provides that a Council or Committee may order that the public be excluded from attendance at a meeting, in order to receive, discuss or consider in confidence any information or matter listed in 90(3) of the Act.

Any order made by Council or Council Committee must specify the duration of the order or the circumstances in which the order will cease to apply, or a period after which the order must be reviewed, and, in any event, any order that operates for a period exceeding 12 months must be reviewed at least once in every year. A review of the Confidential Items Register is conducted prior to 30 June annually.

 

Reasons for making a Confidential Order

Section 90(3) of the Local Government Act 1999:

(a)     information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead)

(b)     information the disclosure of which—

(i)   could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and

(ii)  would, on balance, be contrary to the public interest

(c)     information the disclosure of which would reveal a trade secret

(d)     commercial information of a confidential nature (not being a trade secret) the disclosure of which—

(i)   could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and

(ii)      would, on balance, be contrary to the public interest

(e)     matters affecting the security of the council, members or employees of the council, or council property, or the safety of any person

(f)      information the disclosure of which could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial

(g)     matters that must be considered in confidence in order to ensure that the council does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty

(h)     legal advice

(i)      information relating to actual litigation, or litigation that the council or council committee believes on reasonable grounds will take place, involving the council or an employee of the council

(j)      information the disclosure of which—

(i)   would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official (not being an employee of the council, or a person engaged by the council); and

(ii)  would, on balance, be contrary to the public interest

(k)     tenders for the supply of goods, the provision of services or the carrying out of works;

(m)    information relating to a proposed amendment to a Development Plan under the Development Act 1993before a Development Plan Amendment proposal relating to the amendment is released for public consultation under that Act

(n)     information relevant to the review of a determination of a council under the Freedom of Information Act 1991

 

 

Kangaroo Island Council | 43 Dauncey St (PO Box 121) KINGSCOTE SA 5223
Phone: 08 8553 4500 | Fax: 08 8553 2885 | Email: kicouncil@kicouncil.sa.gov.au
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